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FOIA - Freedom of Information Act

Annual Freedom of Information Act (FOIA) Report
Federal Highway Administration - 1998

  1. Cost of Administering:

    Salary Costs (W/Fringes) $610,315
    Office Space $ 20,428
    Telephones $ 3,574
    Litigation + 3,080
    Total $637,397

  2. Fee Collections

    Collections received in the FHWA lockbox in Atlanta, GA         $20,106


  1. Brief description of why some requests are not granted.
    Requests are not granted when the appropriate exemption or other reasons are cited pursuant to the FOIA.

  2. Agency-specific acronyms or other terms.
    None

  3. Exemption 3 Statute

    1. List of Exemption 3 statutes relied on by agency during current fiscal year.

      1. Brief description of type(s) of information withheld under each statute.
        49 U.S.C. § 31443(b) (formerly Section 212(b), Motor Carrier Safety Act of 1984), confidential sources, cited 83 times

        23 U.S.C. § 409 (Discovery and admission as evidence of certain reports and surveys) - data from the National Bridge Inventory computer database, including the Highway Bridge Replacement and Rehabilitation Program selection list and copies of correspondence between the TDOT and Tennessee counties concerning compliance with inspection standards, cited 1 time by the Southern Resource Center in Atlanta, GA. We are aware the statute was cited incorrectly and are working to correct the error within the agency.

      2. Statement of whether a court has upheld the use of each statute. If so, then cite example.
        49 U.S.C. § 31443 (b) - Reporters Committee for Freedom of the Press v. U.S. DOJ, 816 F.2d 730, 734 (D.C. Cir.) modified on other grounds, 831 F.2d 1124 (D.C. Cir. 1987), rev'd on other grounds, 489 U.S. 749 (1989)

        We are not aware of any court case that has upheld citing 23 U.S.C.
        § 409 as an Exemption 3 statute.

  4. Initial FOIA/PA Access Requests

    1. Total of the numbers in Lines 1 and 2, minus the number in line 3, should equal the number in Line 4.

      1. Number of requests pending as of end of preceding fiscal year. 144

      2. Number of requests received during current fiscal year. 1086

      3. Number of requests processed during current fiscal year. 956

      4. Number of requests pending as of end of current fiscal year. 274

    2. Disposition of initial requests.

      1. Number of total grants. 269

      2. Number of partial grants. 370

      3. Number of denials. 317

        1. number of times each FOIA exemption used (counting each exemption once per request)

            (1) Exemption 1 0
            (2) Exemption 2 1
            (3) Exemption 3 84
            (4) Exemption 4 52
            (5) Exemption 5 9
            (6) Exemption 6 9
            (7) Exemption 7(A) 24
            (8) Exemption 7(B) 2
            (9) Exemption 7(C) 294
            (10) Exemption 7(D) 79
            (11) Exemption 7(E) 11
            (12) Exemption 7(F) 0
            (13) Exemption 8 0
            (14) Exemption 9 0

        2. Other reasons for nondisclosure (total) 245

            (1) no records 32
            (2) referrals 38
            (3) request withdrawn 68
            (4) fee-related reason 4
            (5) records not reasonably described 8
            (6) not a proper FOIA request for some other reason 2
            (7)not an agency record 69
            (8)duplicate request 24
            (9)other (specify) 0

  5. Appeals of Initial Denials of FOIA/PA Requests

    1. Number of appeals.

      1. Number of appeals received during fiscal year 31

      2. Number of appeals processed during fiscal year 25

    2. Disposition

      1. Number completely upheld 18

      2. Number partially reversed 5

      3. Number completely reversed 2

        1. number of times each FOIA exemption used (counting each exemption once per appeal)

            (1) Exemption 1 0
            (2) Exemption 2 0
            (3) Exemption 3 1
            (4) Exemption 4 1
            (5) Exemption 5 2
            (6) Exemption 6 2
            (7) Exemption 7(A) 0
            (8) Exemption 7(B) 0
            (9) Exemption 7(C) 0
            (10) Exemption 7(D) 0
            (11) Exemption 7(E) 0
            (12) Exemption 7(F) 0
            (13) Exemption 8 0
            (14) Exemption 9 0

        2. Other reasons for nondisclosure (total) 5

            (1) no records 1
            (2) referrals 0
            (3) request withdrawn 4
            (4) fee-related reason 0
            (5) records not reasonably described 0
            (6) not a proper FOIA request for some other reason 0
            (7) not an agency record 0
            (8) duplicate request 0
            (9) other (specify) 0

  6. Compliance with Time Limits/Status of Pending Requests

    1. Median processing time for requests processed during the year.

      1. Simple requests (if multiple tracks used).

        1. number of requests processed 956

        2. median number of days to process Headquarters: 49, Field: 9

      2. Complex requests (specify for any and all tracks used). N/A

        1. number of requests processed ________

        2. median number of days to process ________

      3. Requests accorded expedited processing. N/A

        1. number of requests processed ________

        2. median number of days to process ________

    2. Status of pending requests.

      1. Number of requests pending as of end of current fiscal year 274

      2. Median number of days that such request were pending as of that date
        Headquarters: 32, Field: 20

  7. Comparisons with Previous Year(s) [Provide information for 97 (9 months) and FY98.]
        1998 1997 %Change
      A. Comparison of numbers of requests received 1086 878 24% more than 1997
        1998    
      B. Comparison of numbers of requests processed 956 Not collected in 1997  
        1998    
      C. Comparison of median numbers of days requests were pending at the end of fiscal year 49 Not collected in 1997  

      D. Other statistics significant to agency None

  8. Costs/FOIA Staffing [A work-year is 2,080 hours.]

    1. Staffing levels.

      1. Number of full-time FOIA personnel 14,450 (or 7 work-years)

      2. Number of personnel with part-time or occasional FOIA duties (in total work-years) 2,080 (or 1 work-year)

      3. Total number of personnel (in work-years) 16,640 (or 8 work-years)

    2. Total costs (including staff and all resources). [This includes information provided under implementation costs for prior calendar year reports.]

      1. FOIA processing (including appeals) $634,317

      2. Litigation-related activities (estimated) $3,080

      3. Total costs $637,397

      4. Comparison with previous year(s) (including percentage of change)(optional)
        1997 %Change
        $611,175 4% more than 1997
  1. Fees [actually collected]

    1. Total amount of fees collected by agency for processing requests $20,106

    2. Percentage of total costs 3%


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